[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-9-1928 as Section 74 of the Ordinances of the Village of Coxsackie]
[Amended 12-12-1979 by L.L. No. 27-1979]
No person shall drive or permit to be driven or lead or permit to be led any horse or horses or other animal or animals over, through or along any public street or avenue in the Village of Coxsackie without having the same securely fastened and harnessed by ropes or otherwise, except that horses or cattle may be driven over such routes at such times and under such conditions as may be prescribed in and by a written permit to be issued by the Mayor of the Village upon application therefor.
[Added 12-12-1979 by L.L. No. 27-1979]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 4-24-1978 by L.L. No. 3-1978]
It appearing that dogs in the Village of Coxsackie have, in some instances, been allowed to cause annoyance and damage to the person and properties of others, and it appearing further that dogs properly cared for serve a useful purpose, the Village Board of the Village of Coxsackie enacts this article to preserve the relationship between a dog and his master and, at the same time, to protect the health, safety and property of others from annoyance and damage caused by dogs.
As used in this article, the following terms shall have the meanings indicated:
- AT LARGE
- Other than on the premises of the owner, or on the premises
of another person without the knowledge, consent and approval of said
other person.[Added 12-12-1979 by L.L. No. 24-1979]
- DOG WARDEN
- The person appointed by the Village Board to enforce the provisions of this article.
- Any person who is a licensed owner of a dog and any person who keeps, feeds or harbors a dog for over one week. In the case of a licensed owner or harborer under 18 years of age, the owner shall be deemed to be the parent or guardian of such person. The owner need not be a resident of the Village of Coxsackie, but for a violation to occur the dog must be within the Village limits of the Village of Coxsackie.
It shall be unlawful for any owner of or any person harboring any dog to permit or allow such dog, while in the Village of Coxsackie, to:
Run at large, unless said dog is restrained by an adequate collar and leash no longer than eight feet long, except when the dog is on the owner's property or on the private property of another person or persons with the actual knowledge and consent of such person or persons.
Engage in habitual loud howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog.
Cause damage or destruction to property or commit a nuisance upon the premises of a person other than the owner or person harboring such dog.
Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in a reasonable apprehension of bodily harm or injury.
Habitually chase or bark at motor vehicles.
It shall be unlawful for any owner or any person harboring any female dog to permit such dog to run at large when in heat, and such dog shall be confined to the premises of such owner or harborer during such period.
It shall be unlawful for any owner or any person harboring a dog to permit the premises or enclosure in which the dog is kept to be unsanitary or unclean.
Removal of feces required. Any person owning or in charge of any dog or other domesticated animal which soils, defiles, defecates on or commits any nuisance on any public property, public street, highway, sidewalk, or public right-of-way, or upon the property of another without their permission, shall immediately remove such feces or cause it to be removed and shall dispose of it in a sanitary manner.
[Added 1-13-2020 by L.L. No. 1-2020]
Disposal. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog or other animal in a sealed, nonabsorbent, leak-proof container. In no event shall any feces be deposited in sewers or drains, whether storm or sanitary.
Exceptions. The provisions of this subsection shall not apply to handicapped persons or Seeing Eye guide dogs, hearing dogs or service dogs that accompany any person with a disability, or to domesticated house cats.
Enforcement. This subsection shall be enforced in accordance with the provisions of this article.
This article shall be enforced by the Coxsackie Village Dog Warden, by any police officer or by any other person or agency designated by the Village or authorized by law to seize and impound such dog.
Any dog running at large within the Village of Coxsackie or otherwise in violation of §§ 53-5 and 53-6 shall be subject to seizure and impounding in such place as may be designated by the Village Board as a place of detention in accordance with § 114, Article 7, of the New York State Agriculture and Markets Law, until disposition thereof shall have been made in accordance with the provisions of this article.
Editor's Note: For current provisions pertaining to seizure and impoundment of dogs found to be running at large, see § 118 of Article 7 of the Agriculture and Markets Law.
No person shall hinder, resist or oppose the Dog Warden or any police officer, agent or employee or representative of the Village of Coxsackie in the performance of his duties under this article.
In the event that the dog seized bears a license tag, the person seizing the dog shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or a member of his family over 18 years of age with a notice, in writing, stating that the dog has been seized and will be destroyed unless redeemed within 12 days by paying to the Village Clerk the sum of $10 as the cost of seizure.
In the event that the dog seized bears no license, the owner of the dog may redeem the dog within five days by producing to the Dog Warden a license for the dog and by paying to the Village Clerk the sum of $15 as the cost of seizure. If the identity of the owner is not ascertainable, then a report of such seizure and/or impounding, together with a description of the dog seized and/or impounded, shall be published in a daily newspaper serving the Village of Coxsackie as soon after such seizure and/or impounding as is practicable.
If an impounded dog is not redeemed within the time limits provided by this article, the dog shall be killed, in accordance with § 114-a, Article 7, of the New York State Agriculture and Markets Law, or offered for adoption to a responsible or proper person after producing a license for said dog, and no action shall be maintained to recover the possession or value of a dog or for damages to injury or for compensation for destruction of a dog destroyed. Records of the disposition of dogs shall be kept by the Village Clerk for a period of one year.
Editor's Note: For current provisions pertaining to unclaimed dogs, see § 118 of Article 7 of the Agriculture and Markets Law.
No dog not reclaimed by the owner shall be sold, given or offered for adoption to any laboratory for experimental purposes or sold, given or offered for adoption to any person in any way connected with a laboratory using dogs for experimental purposes.
A person committing an offense against the provisions of this article shall be liable to a civil penalty of $45 for the first offense, $80 for the second offense and $105 for the third and subsequent violations within a year from the first offense.
[Amended 3-24-1986 by L.L. No. 2-1986; 3-12-1990 by L.L. No. 1-1990]
In addition, a dog found to be dangerous may be ordered to be securely confined or destroyed pursuant to the provisions of § 116 of the New York State Agriculture and Markets Law.
Editor's Note: For current provisions pertaining to dangerous dogs, see § 121 of Article 7 of the Agriculture and Markets Law.
It shall be a complete defense to an allegation of a violation of § 53-5D that the person chased or harassed is upon the property of the owner of the dog without the consent, actual or implied, of said owner.